Feature Image Credits: DNA India
The Bombay HC on Sunday said that it is not considered a sexual offense to grope someone over their clothes, since there was no skin-to-skin contact.
A single bench of Justice Pushpa Ganediwala made the observations while modifying an order by a sessions court that held a 39-year-old man guilty of sexual assault. The accused had allegedly taken a 12-year-old to his house on the pretext of giving her guava, and had pressed her breast and attempted to remove her salwar, reports Bar and Bench. The Bombay HC went on to say that groping without any ‘skin-to-skin’ contact is not sexual assault, because the criminal did not necessarily physically ‘slide their hand under their dress’.
“Admittedly, it is not the case of the prosecution that the accused removed her top and pressed her breast. As such, there is no direct physical contact i.e. skin-to-skin with sexual intent without penetration,” said Justice Ganediwala. “The appellant is acquitted under Section 8 of the POCSO Act and convicted under minor offence u/s 354 of IPC and sentenced him to undergo R.I. for one year and to pay fine of ₹500,” she ruled.
According to the report, sexual assault under Section 7 of POCSO carries a punishment of imprisonment between 3 to 5 years, while the minimum punishment for outraging modesty of woman under Section 354 of IPC is only 1 year.